What determines whether I am covered under the state workers compensation system or by the Longshore Act?
If you are a longshoreman, or are working in practically any capacity involving ship construction or repair, you are clearly covered under the Longshore Act. If you are working in another type of maritime employment, coverage under the Act depends upon a variety of circumstances, such as whether your injury occurred over water, and whether any “maritime” activities in your employment generally constituted a significant portion of your job. Determining whether Longshore Act coverage exists in a certain situation depends on a large body of case law. Generally, it is preferable to be covered under the Longshore Act instead of the Washington State system, as compensation benefits are usually higher. For more detailed information you may wish to visit the website of the U.S. Department of Labor.
